Factbox-Did Israel meet US Gaza aid requirements? Israel, UN respond

By Michelle Nichols and Emily Rose

The United States on Tuesday said Israel is not currently impeding humanitarian aid for the Gaza Strip and therefore is not violating U.S. law, avoiding restrictions on U.S. military aid.

Israel has said it met most of the 16 specific demands put forward by Washington but was still discussing some items. International aid groups, however, said that Israel failed to meet any of them completely.

In an Oct. 13 letter, the U.S. gave 30 days to comply.

Below are the requirements and responses by Israel's COGAT military agency, the U.N. Office for the Coordination of Humanitarian Affairs and a report by a coalition of eight aid groups.

1. Enable a minimum of 350 trucks per day to enter Gaza through all four major crossings and open a new fifth crossing.

ISRAEL: Israel allowed a daily average of 76 trucks over the past 30 days. Israel said it was planning to reopen a fifth crossing, Kissufim.

UNITED NATIONS: An average of some 50 truckloads a day entered Gaza over the past month.

From Oct. 1 to Nov. 10, three crossings were open and no new crossings opened. Kissufim appeared to have opened on Nov. 12.

AID GROUPS: Over 25 days, an average of 42 trucks per day entered Gaza. Three crossings regularly had trucks entering, a fourth averaged zero trucks a day and a fifth did not open.

2. Institute adequate humanitarian pauses across Gaza as necessary to enable humanitarian activities for at least the next four months.

ISRAEL: "Subject to operational considerations, attempts are made to implement, on an almost daily basis, tactical pauses along certain routes, allowing for safer movement and facilitating that aid convoys reach their destinations without interference, as well as daily humanitarian pauses in various areas."

UNITED NATIONS: No response.

AID GROUPS: Israel has not complied. In October, only 11% of goods that reached warehouses were distributed.

3. Allow people in Al-Mawasi and the humanitarian zone to move inland before winter.

ISRAEL: A spokesperson said people from those areas were allowed to move inland but he did not know how many had.

UNITED NATIONS: "We cannot quantify this," said OCHA.

AID GROUPS: Partial compliance as only a limited number of people were allowed to move inland in the 30-day period.

4. Enhance security for fixed humanitarian sites and movements.

ISRAEL: Security is in place but was not enhanced during the past month.

UNITED NATIONS: "Humanitarian convoys still face serious security incidents upon picking up humanitarian supplies from Kerem Shalom. Humanitarian facilities have come under fire."

AID GROUPS: "Israel not only failed to take demonstrable actions to improve security for the humanitarian response, but also worsened security risks for humanitarians. Israeli forces repeatedly attacked humanitarian sites and frontline responders during the 30-day period."

5. Rescind evacuation orders when there is no operational need

ISRAEL: Evacuation of civilians from combat areas was for their protection and the Israeli military "is committed to international law and operates accordingly."

UNITED NATIONS: As of Aug. 25, nearly 90% of Gaza was under evacuation orders. About 79% of Gaza remains under evacuation orders as of Nov. 11.

AID GROUPS: Israel's evacuation orders are not compatible with international law. During the 30 days, one evacuation order was rescinded. Six new evacuation orders were implemented in October and early November.

6. Facilitate rapid implementation of the U.N. World Food Program winter and logistics plan to repair roads, install warehousing and expand platforms and staging areas.

ISRAEL: It has "absolutely" met this requirement, the spokesperson said. A winter humanitarian assessment was done and was now being executed including bringing in shelter equipment and repairing roads.

UNITED NATIONS: No response

AID GROUPS: Israel has failed to do this and denied WFP requests for movement to repair roads, new warehousing and expanded staging areas. Israel rejected requests to transport blankets, heating supplies and clothes.

7. Ensure Israeli Coordination and Liaison officers can communicate with humanitarian convoys at checkpoints

ISRAEL: COGAT sits with representatives from international organizations in a joint task force room and they are in constant contact with the trucks on the ground.

UNITED NATIONS: CLA officers can communicate with humanitarian convoys at checkpoints, "however, U.N. convoys rarely come across CLA officers at checkpoints."

AID GROUPS: CLA officers do not communicate with humanitarian convoys at checkpoints.

8. Assign division-level liaison officers from Southern Command to the Joint Coordination Board.

ISRAEL: This has not happened.

UNITED NATIONS: No response.

AID GROUPS: No officers have been assigned as required.

9. Remove restrictions on the use of container and closed trucks and increase the number of vetted drivers to 400.

ISRAEL: Israel does not allow closed trucks to cross into Gaza because they are a security threat, the spokesperson said. "It will be used to smuggle weapons. Last week they found a sack of bullets in an aid truck for example."

The spokesperson said that there are around 75 drivers with security clearance and talks are under way about increasing that number.

UNITED NATIONS: No response.

AID GROUPS: Israel did not comply with either requirement.

10. Remove an agreed list of essential items from the dual-use restricted list.

ISRAEL: "We are making efforts to do this," said the COGAT spokesperson.

UNITED NATIONS: No response.

AID GROUPS: Most of the list remains highly restricted and the list is administered inconsistently.

11. Provide expedited clearance processing at the Port of Ashdod for Gaza-bound humanitarian assistance.

ISRAEL: "Israel has implemented targeted measures to significantly enhance the volume and efficiency of aid entering through the Ashdod Port, primarily from Cyprus," Israel said. This involved improved logistics and coordination.

UNITED NATIONS: No response.

AID GROUPS: Israel has failed to consistently expedite clearance processing at the port.

12. Waive customs requirements on the Jordan corridor until the U.N. can implement its own process.

ISRAEL: Israel streamlined the customs treatment for the U.N. to allow for standardized processing of humanitarian shipments.

UNITED NATIONS: Aid deliveries are classed as donations and no customs or import charges are paid to Israel. As agreed, a U.N. mechanism under U.N. Security Council resolution 2720 facilitates Israeli customs clearance processes.

AID GROUPS: A problematic customs clearance requirement introduced by Israel in the summer was waived during the 30 days. But burdensome processes remain for humanitarian organizations.

13. Allow aid via a Jordanian corridor to enter Gaza through the northern crossings, and others as agreed.

ISRAEL: The COGAT spokesperson said that every week 30-50 trucks enter through the western Erez crossing.

UNITED NATIONS: Jordan corridor trucks have been offloading their goods at Zikim (Erez West) to access northern Gaza.

It said that since Oct. 10, 374 truckloads have been sent to Gaza through the Jordan corridor.

AID GROUPS: The corridor is "ostensibly functional but nowhere near capacity." They gave Israel a rating of partial compliance.

14. Reinstate a minimum of 50-100 commercial trucks per day.

ISRAEL: The COGAT spokesperson said no commercial goods are allowed to enter Gaza because Hamas controls the merchants.

UNITED NATIONS: Israel has not let commercial goods into Gaza since Oct. 2.

AID GROUPS: No commercial trucks have entered since Sept. 30.

15. Reaffirm there will be no Israeli government policy of forced evacuation of civilians from northern to southern Gaza.

ISRAEL: Israel's military operates in northern Gaza to target Hamas infrastructure. To minimize harm to civilians, it warns the population and removes non-involved people from combat zones. Humanitarian aid will continue for northern Gaza and the Jabalia area.

UNITED NATIONS: There were forced evacuations.

AID GROUPS: Israel has ordered civilians to leave including patients from hospitals. Over the prior four weeks, some 100,000 people were displaced from North Gaza.

16. Ensure humanitarian organizations have continuous access to northern Gaza from Israel and from southern Gaza.

ISRAEL: "Yes, we allow it," said the COGAT spokesperson.

UNITED NATIONS: OCHA said humanitarians do not have continuous access to northern Gaza.

AID GROUPS: Israel failed to do this.